KĀHEA!
Pinkston is up to his dirty tricks again!
SHOW UP TUESDAY DECEMBER 12, 2023 - 9 AM
Meeting located Lihue 4444 Rice ST (behind DMV)
This one really doesn't pass the smell test.
Last Tuesday, 12/5/23, Pinkston's attorney, Laurel Loo walked into the Planning Department with a Master Drainage Plan (MDP) for Pinkston's 280 unit luxury condo development on Kiahuna Plantation Drive. Her transmittal letter was addressed to the Planning Director, Kaʻāina Hull. Sometime thereafter on 12/5/23, the MDP was taken to Public Works. Our Traffic Engineer, Michael Mole prepared a letter the same day 12/5/23, signed 4:42 PM and approved the MDP, a 95 page document. On 12/6/23, within 24 hours from the time Pinkston's plan was delivered to the Planning Department, our Planning Director, Kaʻāina Hull and Chief of Permitting Section, Dale Kua approved and signed Pinkston's MDP and added it to the Planning Commission Agenda, recommending their approval this coming Tuesday morning 12/12/23 at 9:00 am.
Public comments should be emailed to the Planning Commission on or before 9:00 am Monday 12/11/23: email to:
planningdepartment@kauai.gov
Please make the subject of your email "Oppose Agenda Item H1"
even if late please send
If you can, please attend the Planning Commission meeting Tuesday at 9:00 am.The meeting will be held in the Planning Department meeting room 2A-2B, Lihue'e Civic Center, Moikeha Building, 4444 Rice Street, Lihue, HI (right across from the restrooms near DMV). Public comments in person are most effective.
This rush job on a Master Drainage Plan that has potential significant impact for the south shore beach area is critical because of the size, a 280 luxury condominium unit development, which necessarily will require a lot of concrete and cover a 28 acre grassy area that up until now has been absorbing drainage from the following mauka developments that abut Pinkston's acreage; Wainani subdivision, Kiahuna Golf Course, and Kiahuna Golf Village.
BACKGROUND INFORMATION/POINTS FOR COMMENTS:
1. Pinkston asked the Planning Department and Commission to modify the counties' requirement that he prepare a Master Drainage Plan (MDP)
It called for him to include the drainage from the mauka developments that abut and drain onto his undeveloped parcel now. Rather than factor in that drainage he only wanted to include the direct drainage caused by run off created by the concrete that would be covering his 28 acre parcel once his condominium development was built. He covered the drainage culverts that ran from the abutting lands onto his parcel with rock. He did not want to include the water from those culverts when talking about the impact to the coastline down slope. The MDP has to be done and approved before Pinkston could receive building permits for his large condominium development.
2. We requested the Planning Commission Order the Matter to an Administrative Hearing for a detailed study rather than having the Planning Commission attempt to modify the above condition without help from experts in drainage because of the potential significant impact to the nearby ocean down slope. The Planning Commission granted our request and ordered the Matter to an Administrative Hearing on 07/18/23.
3. On August 9, 2023, Laurel Loo filed a Complaint and Motion for Summary Judgement against the County before Judge Watanabe, asking the Judge to modify the drainage plan. The documents filed included a Declaration from Wayne Wada supporting the Complaint that claimed the MDP requested by the County was impossible to prepare. Pinkston's lawyer, Ms Loo told the Court that it was within the Court's purview to make the modification. She did not tell the Court, that Pinkston had already made the request of the Planning Commission. She did not tell the Court that the Planning Commission had already ordered it to a hearing before an Administrative Law Judge. She also did not give FOM notice of the Complaint and Summary Judgement Motion, even though Pinkston's lawyers knew that FOM was a party to the Planning Commission Order of 7/18/23.
4. We learned of the Complaint when a friend happened to notice on the Court Filings that there was a new Complaint filed by Pinkston against the County. We were not a party and not given notice so we couldn't file a Motion to Dismiss. Instead we filed a Motion to Intervene before Judge Watanabe and argued that Pinkston could not have a Complaint heard in the Circuit Court on a matter that was already before the Planning Commission. The Court agreed, striking Pinkston's Complaint and Motion for Summary Judgement.
5. Just two weeks ago the Administrative Law Judge, set dates for Pinkston's request to modify the drainage plan requirement.
6. After all that, on 12/5/23 Pinkston's attorney went into the Planning Department with the MDP signed by Esaki Engineering on that some day 12/5/23, which they had previously said could not be done.
7. We strongly believe that this latest "slam bam thank you mam" MDP should be made a part of the hearing that has already been ordered and set to commence late February 2024.
It's hard to believe that a more outrageous manipulative disregard for our Counties' Ordinances and Conditions could occur. Please let the Planning Department know how you feel about these development tactics... And why isn't our Planning Department taking better care of our environment? (allowing blasting and grubbing and grading prior to permit approval and no protection of our endangered endemic blind cave spider and amphipod)
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